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International Legal Advisor to the Navigation Programme Mekong River Commission

The role of MRC is to promote and coordinate sustainable management and development of water and related resources for the countries’ mutual benefit and the people’s well-being

MRC Secretariat is now recruiting a highly qualified consultant for the following consultancy

International Legal Advisor to the Navigation Programme
Navigation Programme, Operations Division
Maximum of 90 working days starting from July 2012 to June 2013,
based at Home based with possible travels to the MRC Member Countries.

The Term of Reference and other information can be obtained at MRC website:
http://www.mrcmekong.org/working-with-mrc/employment/
Qualified female candidates are encouraged to apply. Only short-listed candidates will be notified.

Application procedures:
The application should include (i) a cover letter outlining clearly how the candidate meets the requirements of the position, (ii) a detailed CV, and (iii) MRC Personal History Form. The position title and division/section must be indicated in the cover letter.The application should be sent to:

Mekong River Commission
Office of the Secretariat in Vientiane (OSV)
P.O. Box 6101, 184 Fa NgoumRoad
Vientiane 01000, Lao PDR
Email: mrcs@mrcmekong.org
Closing date for applications: 11 May 2012

TERMS OF REFERENCE

1. Programme: Navigation Programme
2. Title of Consultancy : International Legal Advisor to the Navigation Programme
3. Duty station: Home based with possible travels to the MRC Member Countries
4. Duration: 90 working days between 1 July 2012 and 30 June 2013
5. Purpose and Objective:

The overall objective of the MRC Navigation Programme (hereinafter ‘NAP’) is to promote freedom of navigation and increase the international trade opportunities for the MRC member countries’ mutual benefit and to assist in coordination and cooperation in developing effective and safe waterborne transport in a sustainable and protective manner for the waterway environment”. In order to achieve this objective a number of activities need to be fulfilled which need the active involvement of a Legal Nautical Advisor. The legal aspects that are being and that will be looked at between 2012 and 2013 are:
4.1. NAP Component 2 ‘Legal Framework for Cross-Border Navigation’ is seen as an important first step towards this goal. The immediate objective of the legal component is to develop and strengthen Article 9 of the MRC Agreement on freedom of navigation through the establishment of an appropriate legal regime ensuring effective freedom of regional and international cross-border navigation on the Mekong and to ensure its implementation and sustainability”. The aforementioned Article 9 of the MRC Agreement states that on the basis of equality of right, freedom of navigation shall be accorded throughout the mainstream of the Mekong River without regard to the territorial boundaries. More specifically, Output 4 of NAP Component 2 is aimed at developing an updated and harmonized legal regime to guarantee freedom of navigation consisting of legal and operational navigational agreements. This includes the preparation of separate draft framework agreements for maritime and inland navigation for the Lao PDR - Thailand. The Middle Mekong forms a large part of the western border with Thailand involving considerable cross-border traffic. Freedom of cross-border navigation on the Mekong upstream of Luang Prabang has already been internationally agreed upon between China, Myanmar, Lao PDR and Thailand.
4.2. The Legal Framework process for cross-border navigation between Cambodia and Viet Nam has been accelerating over the last years. The Agreement between the Royal Government of Cambodia and the Government of the Socialist Republic of Viet Nam on waterway transportation and facilitated by MRC, is a major breakthrough in bilateral economic relations and was signed on 17 December 2009, consequently endorsed by both countries on 20 January 1961. MRC will now assist Cambodia and Viet Nam in establishing the Mekong Navigation Facilitation Committee.

4.3. NAP Component 3 'Traffic Safety and Environmental Sustainability' is dealing with environmental prevention and protection. The MRC Navigation Strategy calls for harmonisation and enforcement of common rules and regulations on environmental protection and safety measures. The Strategy also highlights a strong need for awareness-rising on environmental protection and risk control within the navigation sector. MRC has also been tasked to assist its member countries in establishing efficient and environmental management systems and contingency plans to deal with emergencies and accidents in waterways and river ports. In this regard, NAP has implemented Phase 1: ‘Risk Analysis of the Storage, Handling and Carriage of Dangerous Goods’. Phase I of the project has been almost finalized and a pilot project at Chiang Saen Commercial Port, Thailand will commence in May 2012 and Phase 2: ‘Regional Master Plan for the Sustainable Management of Dangerous Goods’ will be implemented from August 2012.

4.4. Cross-cutting issues. As the purpose of the law is to translate political decisions into binding principles, objectives and implementable rules, there will always be a close interrelation between the legal component of the NAP and its other components. It is acknowledged that the current navigation agreements hardly mention protection of ecology and have no provisions to prevent or deal with water transportation accidents, carriage of fuels or hazardous goods, adequate inspection of boats and ships, collection of waste, nor do they follow acceptable EIA's for river training works. Balanced development of navigation is only possible when carefully formulated legal and operational frameworks are in place to guarantee a sound foundation. There are enough international standards available to propose such a framework and Mekong River Commission should be allowed and encouraged to take the initiative in this matter.
4.5. Formulation of New NAP Programme Document for 2013-2015 . NAP is working on the formulation of the New NAP Programme Document for 2013-2015, all documents will follow the existing five components and the documents will be finalized within 2012. An important part of the programme will be on the legal framework.

4.6. Ad hoc inputs. As was the case over the last 4 years, the Navigation Programme needs to rely on very specific international legal nautical advice which is not available at the MRC Secretariat. Or facilitate negotiations between Member States and actively mediate in case of navigation matters which fall within the working framework of MRC.
These 6 points highlight the strong need for the Navigation Programme to be able to have access to legal advise by a Specialist in Maritime/Nautical Law with ample experience in facilitating and implementing cross-border navigation agreements.

6. Outputs:

The Legal Advisor will provide his services, in a manner described hereafter, with respect to the following six outputs:

6.1. Legal Framework for Cross-Border Navigation between the Lao PDR and Thailand.
At the 10th NAB Meeting the Lao delegation informed the Members that the Lao Government agreed that MRC can now proceed by drafting the Navigation Agreement between the Lao PDR and Thailand, from the Golden Triangle down to the Khone Falls. No conditions on limiting the draft Agreement were provided except that it should be a bilateral agreement, and the rules and regulations under the agreement should only be between the two countries. The Thai delegation appreciated the decision by the Lao Government because it will be impossible to delay developing and implementing common rules and regulations. Such an agreement would focus on harmonizing navigation rules and regulations, technical standards, training, certification and licensing, monitoring and regulating transport of dangerous cargo, and environmental control. The planned agreement would definitely incorporate the standards for carriage and handling of dangerous goods which is now high on the agenda. The NAP Team was asked to continue facilitating to prepare a Draft Legal Navigation Framework between the Lao PDR and Thailand.

6.2 Implementation of the 2009 Navigation Agreement between Cambodia and Viet Nam.
Also at the 10th NAB Meeting, Cambodia and Viet Nam raised the following outstanding matters that need to be urgently solved under the Agreement: (i) crewmember passports for inland vessels, (ii) establish a pilotage association/company for inland vessels, (iii) The Cross-Border Transportation Permit, (iv) The Final Draft Circular on how to implement the agreement was submitted to the Minister of Transport, (v) Need to harmonize the standards and technical requirements for the cross-border vessels, (vi) Shipping companies in Cambodia have raised concerns about the Cho Gao Channel, (vii) The Bilateral Mekong Navigation Facilitation Committee (MNFC) needs to become operational. In Viet Nam, the Vice Minister of Transportation will lead the Council of the Committee. The NAP Team was asked to provide facilitation and assistance to both Cambodia and Viet Nam, especially in establishing the Permanent Secretariats under the Bilateral Mekong Navigation Facilitation Committee.

6.3. Sustainable Management of Dangerous Goods
Volumes I, Risk Analysis, and Volume II, Recommendations, under Phase 1, 'Risk Analysis of Carriage, Handling and Storage of Dangerous Goods along the Mekong River' are nearing completion. Further work by a Legal Specialist is required hereto. But more importantly so will be his/her inputs to Phase 2, the Development of a Regional Master Plan for Sustainable Management of Dangerous Goods.

6.4. Cross-cutting issues
Regulating transportation of dangerous goods is high on the agenda under the Cambodia-Viet Nam Navigation Agreement, and will be under the planned Navigation Agreement Lao PDR - Thailand. Moreover, there are links with the Quadrangle Agreement, and so with Myanmar and PR China for the transportation of dangerous goods. This will need concrete inputs by the Legal Specialist.

6.5. Legal inputs for the New NAP Programme Document for 2013-2015
Formulation of New NAP Programme Document for 2013-2015 . NAP is working on the formulation of the New NAP Programme Document for 2013-2015, all documents will follow the existing five components and the documents will be finalized within 2012. An important part of the programme will be on the legal framework.

6.6. Ad hoc inputs.
The Legal Specialist will need, when required, provide his comprehensive advise on topics that may range from disputes in cross-border navigation matters to cooperation on waterborne transportation with Myanmar and PR China, etc.
7. Responsibilities and Tasks:
With respect to the above six points, the Legal Advisor will provide the following services under the supervision of the NAP Coordinator (who is assisted by the Chief Technical Advisor) of the MRC NAP:

1. Assist NAP and countries involved in preparing all necessary groundwork for the purpose of starting to implement the new legal instruments. This includes the assistance of drafting the necessary Terms of Reference so that other professionals can be selected;
2. Provide the NAP with appropriate technical assistance on matters relating to the legal aspects of the Project in a timely, effective and constructive manner, within the framework of the MRC’s mandate;
3. Assist the NAP in ensuring the high quality of works of the other professionals by liaising, coordinating, reviewing and checking plans;
4. Assist and advice the NAP in ensuring the sustainability of implementing the newly reached legal framework in the long-run;
5. Check and ensure the conformity of the harmonised rules for navigation, pilotage, execution of works, maintenance, responsibilities, etc to the terms of the Agreement as well as the international standards, ensure on the applicability of those rules and regulations within the local context;
6. Assist in the set up of the Mekong Navigation Facilitation Committee which include drafting work plan, Term of References, initiate and assist in the kick-start of the activities of the committee;
7. Assist NAP and countries involved in the negotiation process of harmonization rules and regulations throughout the entire implementation schedule, suggesting provisional measures, and assisting the countries on the introduction and use of these rules (Assist the NAP with negotiations, and provide mediation and legal advice);
8. Advice NAP and countries involved on the experience and international context, make comparison;
9. Prepare monitoring and assessment plan of the progress of the Agreement implementation;
10. Provide, to the MRC and to the countries involved, as far as possible, legal capacity building in the field of transportation law, especially public and private maritime law and public and private inland navigation law. Priority should be given to legal assistance for the drafting of harmonised public law regulations. Establish a capacity building programme, time-permitting;
11. Assist the NAP and the countries involved in preparing a definition of roles for MRC as an international river commission in the field of navigation, Prepare a proposal to develop and maintain a legal database. The development of a comprehensive legal database would enhance transparency, legal certainty and therefore the commercial attraction of the Mekong for foreign parties;
12. Assist the dialogue and co-operation with China and Myanmar (MRC should supply information, communication, legal materials and so forth as input for negotiations);
13. Contribute to the preparation of ‘Phase 2: Regional Master Plan for Sustainable Management of Dangerous Goods’ by providing legal advice on establishing and harmonising rules and regulations for the transport of dangerous goods in the MRC Member Countries;
14. Assist in the establishing of new NAP Programme for 2013-2015 in legal parts;
15. Carry out other works and provide legal services as deem fit by NAP, and as time permits.

The Navigation Coordinator will discuss the plan of activities with the Legal Advisor according to the priorities and possible urgencies. The list above can be altered in view of the requirements by the Coordinator, but with consent by the Legal Advisor.

8. Itinerary:

The consultancy services shall commence no later than 1 July 2012. All satisfactory outputs shall be delivered with 90 working days between July 2012 and June 2013.

9. Schedule:
Start date: 1 July 2012, End date: 30 June 2013

10. Working Principle/Reporting Line:

The consultant will report to the NAP Coordinator and Chief Technical Advisor.

11. Qualifications/Requirement:

· Master Degree or higher in maritime and transportation law/international law of the sea.
· At least fifteen (15) years of experience in the following fields:
- International water law
- Maritime and transportation law
- International law of the sea
- maritime and seaports law,
- public maritime law, in all their applications
· Broad expertise in cross-border transport agreements and protocols and their direct applications in waterborne transport, also as consultant
· Knowledge of technical fields pertaining to non-physical and physical navigation matters such as dredging, customs and immigration procedures, cargo forwarding, transportation and environment, transport of dangerous goods, rules and regulations.
· Proven capability and practical experience in providing technical assistance required for various facets of international negotiation process and dispute resolution techniques in transboundary water management in an international river basin even under strong pressure and time constraints
· Demonstrated facilitation, team building, communications skills; demonstrated ability to coordinate complex negotiation process in a multi-country/state setting with social, economic, and political differences
· Experience with implementation of projects/programs financed by international financing institutions such as the World Bank, Asian Development Bank, bilateral donor aid agencies etc.
· Experience with MRC and Mekong work and networks in the region is a very important advantage
· Fluency in spoken and written English
· Excellent writing, presentation, and reporting skills

12. Condition of Payment

* Payment will be made based on the number of actual working days with time sheet provided by the consultant and upon receipt of request from NAP;
* Last payment will made upon satisfactory completion of the assignment and upon receipt of satisfactory evaluation report from NAP.



Job Email id: mrcs(at)mrcmekong.org